Homechild supportChild moved into our house, should dad still pay the mother child support
Child moved into our house, should dad still pay the mother child support
October 11, 2013
Q) My husband is ordered to pay child support and he is paying every week. As of October 9 his child moved into our house with us. He is still paying the mother child support. The child is 18 out of school and working full time. What can we do to stop the child support from going to the mother. Or can we stop the child support?
A) Whether or not the father should continue paying child support to the mother after the child has moved into your house would depend on the specific terms of the child support order that was issued by the court.
In general, if the child support order is still in effect and requires the father to make payments to the mother, he would need to continue doing so until the order is modified by the court. The father may be able to petition the court for a modification of the order if there has been a significant change in circumstances, such as the child moving in with you, that would justify a change in the amount of support or the party to whom the support is paid.
It is important to note that child support payments are intended to benefit the child, and not the custodial parent. Therefore, the fact that the child is now living with you may not necessarily relieve the father of his obligation to contribute to the child’s financial support.
You and your husband need to contact the nearest child support enforcement office and inform them of the change in his child status and request a Modification of the existing child support order. It would not be wise to stop paying before changes to the order has been made.